HomeMy WebLinkAboutOrd.691.04-17-1989 /� �'k �
BILL N0. 89-51 ORDINANCE N0. �
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
TO McDONALD' S CORPORATION AND BARNHOUSE AND
PARTNERS, LTD . , FOR PURPOSES OF CONSTRUCTING
AND MAINTAINING A PARKING LOT AT 1925 REAR
BROADWAY , IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
WHEREAS, McDonald' s Corporation d/b/a Delaware McDonald ' s
Corporation, a Delaware Corporation and Barnhouse and Partners,
LTD . , a Missouri Corporation are the owners of certain property in
the City of Cape Girardeau , on which they desire to construct and
maintain a parking lot ; and
WHEREAS , the proposed location of said parking lot is 1925
rear Broadway, which property is presently zoned R-2 ,
Single-Family Dwelling District ; and
WHEREAS , a Special Use Permit is required for said parking lot
use in a R-2 zone ;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI , AS FOLLOWS:
SECTION 1 . The City Council having duly considered the
application finds that the granting of the Special Use Permit will
not substantially increase traffic hazards , congestion, fire
hazards or adversely affect the general character of the
neighborhood or the general welfare of the community, nor will it
overtax public utilities or be in conflict with the comprehensive
plan .
SECTION 2 , A Special Use Permit for purposes of constructing
and maintaininq a parkinq lot , on the following described property:
All of Lot Four ( 4 ) in Block Two ( 2) in Oak Park
Subdivision in the City of Cape Girardeau, Missouri .
is hereby granted to McDonald ' s Corporation d/b/a Delaware
McDonald' s Corporation, a Dela��are Corporation and Barnhouse and
Partners , LTD. , a Missouri Corporation, to be effective ten ( 10 )
days after the date of passage and approval of this ordinance ,
The special use must comply with all requlations set forth in the
Zoning Code for the district in which the use is located except
those which have been specifically excepted under this permit , and
all other applicable ordinances of the City of Cape Girardeau and
any special conditions contained in the Special Use Permit , a copy
of which is attached hereto and incorporated herein by reference .
The City Manager is hereby given the power to execute the Special
Use Permit for and on behalf of the City of Cape Girardeau,
Missouri .
SECTION 3 . This ordinance shall be in full force and effect
ten days after its passage and approval . .
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PASSED AND APPROVED THIS % :' C,.;,�� DAY OF �;�, u , 1989 .
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Francis E. Rho es , Mayor
ATTEST:
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Evelyn G. Le rand, Cit Clerk
SPECIAL USE PERMIT
McDonald' s Corporation d/b/a Delaware McDonald' s Corporation,
a Delaware Corporation and Barnhouse and Partners, LTD. , a
Missouri Corporation , are hereby granted a Special Use Permit for
purposes of constructing and maintaining a parking lot , on the
following described property for an indefinite period of time :
All of Lot Four ( 4 ) in Block Two ( 2 ) in Oak Park
Subdivision in the City of Cape Girardeau, Missouri .
This Special Use Permit is granted upon the condition that the
Applicants be bound by all City Ordinances which pertain to the
Special Use Permit and that the Applicants be bound by the
followinq conditions which are imposed as a condition of issuance
of this Special Use Permit , Upon the failure of the Applicants to
comply with these special conditions , the Special Use Permit will
automatically terminate with the right of the City of Cape
Girardeau to enter upon the land to abate such special use .
SPECIAL CONDITIONS:
1 . Additions or modifications from the original building
permit must be approved by the City Council .
2 . Special use shall meet all zoning regulations.
3 . Entry and exit to the parking lot shall be allowed only
on Helena Avenue .
4 . Curbing shall be placed around the parking lot .
5 . A six ( 6 ) foot high, wood, staggered-board fence shall be
placed and maintained along the South line of Lot 4 and
the East lines of Lots 4 , 5 , and 6 , Block 2, Oak Park
Subdivision.
6 . The parking lot shall meet requirements of the Stormwater
Ordinance .
7 . Design of the parking lot to be subject to approval of
development plans by the City Engineer of the City of
Cape Girardeau , Missouri .
8 . This Special Use Permit is issued subject to the owners
of the above described property purchasing the house on
Lot 3 , Block 2 , Oak Park Subdivision.
9 . This special use permit is personal to McDonald' s
Corporation d/b/a Delaware McDonald ' s Corporation, a
Delaware Corporation and Barnhouse and Partners, LTD . , a
Missouri Corporation, and may not be transferred.
IN WITNESS WHEREOF , the City Manager of the City of Cape
Girardeau , Missouri , affixes his signature this day
of , 1989 .
J. Ronald Fischer , City Manager
ATTEST:
Evelyn G. LeGrand, City Clerk
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me
appeared J. Ronald Fischer , to me personally known, who, being by
me duly sworn, did say that he is the City Manager of the City of
Cape Girardeau, Missouri , a Municipal Corporation of the State of
Missouri , and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed in behalf of said City by authority of its City Council and
acknowledqed said instrument to be the free act and deed of said
City .
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal , at my office in Cape Girardeau, Missouri , the
day and year first above written.
Delores G. Needham, Notary Public
My Commission Expires :
October 8 , 1992